1.Everyone shall possess the right to freely express and publicise his thoughts in words, images or by any other means, as well as the right to inform others, inform himself and be informed without hindrance or discrimination
2.Exercise of the said rights shall not be hindered or limited by any type or form of censorship
Constitution of the Portuguese Republic, Article 37.º

Amaral already prepares his counter-attack

During a presentation of his second book, the former inspector revealed how he will respond to the ban on “The Truth of the Lie”

by Joaquim Eduardo Oliveira

Former Polícia Judiciária (PJ) inspector Gonçalo Amaral told 24Horas yesterday that he is already working on the appeal over the judicial decision that this Thursday maintained the ban on his book “Maddie, The Truth of the Lie”, and revealed some of the “aces” that he will use in the protest against the arguments that were used by the judge of the 7th Civil Court Section, Gabriela Cunha Rodrigues.

In the late afternoon, minutes before another session to present his other book, “The English Gag”, in Lisbon – a book that is already in its third edition -, Amaral spoke about the arguments that he will use to fight those that led the magistrate to grant the request of Madeleine McCann’s parents.

“Contrary to what is being announced, the sentence is not as favourable [for the McCanns] as people think”. Amaral even says that by rewriting some of the terms of the first injunction, she has allowed him to “speak about the case, and seriously”.

“By taking the expression “to infer” out of the decision, we are allowed to analyse, for example, the English detectives’ work, the McCann couple’s strategies, and other theses that are neither in the book nor in the documentary”, he alleged.

There is no police officer who doesn’t talk

Gonçalo Amaral also challenges the argument according to which, due to him having been a State agent, he could not express other opinions – allegedly contrary to what had been written in the inquiry’s archiving dispatch.

“There are many State agents, there are State medics who wrote books… that is not the way to limit freedom of expression. There is no police officer, in Portugal or anywhere in the world, who is limited in the full exercise of that freedom”, he said.

Amaral will also allege, in his appeal, the need for a “serious discussion” over the possible use, in Portuguese law, of “the figure of recurso de amparo”, which is practiced in other countries, which allows – for example in the case of injunctions – to appeal directly to the Constitutional Court. Otherwise, he says, “we fear that the path is leading us into previous or a posteriori censorship.”

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63 comments:

BravoThis man will not lie down and roll over for them, there is a whole lot left in Mr Amaral yet and he will never give up.The McCanns scent for the smell of money is better than Eddies for cadaverine.joana when will paypal be ready to donate to Mr Amarals fund, have you any news yet.

Portuguese newspaper Diário de Notícias today informs us that the McCanns are again demanding that the clues gathered be re-evaluated. What a boring broken record. But they do not intend to ask for the reopening of the process. No wonder! Don't their supporters find strange their total refusal to ask the authorities to reopen the process, since they proclaim to be innocent? Then they could really prove that the Portuguese police was inept. Come on McCanns, show us your courage!

Article in Portuguese only @ http://dn.sapo.pt/inicio/portugal/interior.aspx?content_id=1499539

E ainda a procissão vai no adro.... By the way, I am sure that a certain american journalist will loose the bet she has with me - a lunch, when we meet in a certain situation, because a very specific resaon. As the Devil says, in the movie "The Devil's Advocate: "“Vanity… definitely, my favorite sin..”

Good to learn Dr Amaral is free now to speak about the case and not before time. What Draconian demands were placed on him before. Too much.

McCanns not mentioning that though.

All the McCanns have to say is based on spin and more spin, and wont win at the end of the day, whereas Dr Amaral is speaking about truth, and that always comes out in the end.

The McCanns are also making enemies by the minute with their trying to discredit various people. Now they are laying into the Portuguese police wanting them to change the whole of their system just for them.

Bullying and arrogant as usual to anybody who dares contradict their abduction, money making spin.

After yesterdays press conference by the celebrity couple the McConns,and seeing the usual easy ride they recieved from the spineless British press i wasn't going to read about this case or even look on this excellent forum anymore,i didn't see the point because the McConns seem untouchable,but after reading Goncarlo Amarals determination to bring justice to Madeleine and himself i feel more opptomistic that his and Madeleines day will come.God Bless Goncarlo Amaral a courageous man.

Great to see Mr Amaral coming back hopefully stronger,i have put a message on his site,but noticed the paypal has been suspended?? do you know anything about this Joana? if those b****Rds are behind this!! if so why the hell has that fund not been frozan for fraud?? i really cant thank Mr Amaral for all he is trying to do and you for keeping us updated Joana, but really what he must be up against (with all the interfearence) i cant imagine it is shameful.

sorry Joana, i message earlier concerned about the papal been suspended(and worried the Mccanns was behind it!) but there is a official message there on Amarals site explaining why.(They are usually behind things so i was convinced they had something to do with it!!!)

Good morning poster (11). I wonder what the people who went to the dinner/auction and donated to the 3 charities, will think, now that Clarence has revealed that the 50% of the donations that went to the McCanns, will be used to assist them and their wider family, as well as paying the wages of those investigating Madeleine's disappearance.

I always knew, but didn't agree, that the McCanns were assisted by this fund, but why are their wider family being assisted by the fund? Can someone please tell me?

The other members of the charities, that only received a quarter each, of the total raised, must be sick as parrots, to know that the lion's share which went to the McCanns, is being distributed amongst members of their wider family. Clarence Mitchell says the donors wouldn't mind, I imagine they do.

Good morning to you too Kathybelle(poster 11 back!!) i agree it is disgusting, do you think it is so they all keep their mouths shut?? what get's me is the Grandma-Grandad(healy) how can they not question why they left their grand childern , well neglected(at the very least) each night while her daughter and husband went out with their "friends" cough swingers cough. Just think of all the money that has passed through their hands from donations the last 3 years, why is there no investigation about this?

"Desperate and angry, Kate McCann begs British police to take over Maddie hunt."

Wow, they continue thinking we are stupid. More sand thrown to our eyes. They know the British police does not have jurisdiction over the case, and cannot investigate in the country where the facts ocurred, Portugal. Back to square one McCanns, case won't be over until YOU ask the Portuguese police to do a reconstruction and Kate Healey answers TRUTHFULLY the 48 questions.

My comment to the Daily Mail's article was not published, as expected. Too strong to their liking.

Comments on "Have your say" in the Daily Express are not favourable to the McCanns, either. Journalists continue kissing their asses, but the public seems to have a complete different opinion. Revealing.

In these days of political opportunism and corruption, what an inspiration it is to see that there are still some people with moral fibre and integrity. Forca, Mr Amaral, we banditos are with you all the way!

Poor, poor McCanns, all those leads that have gone uninvestigated, why don't they demand that the case be re-opened? Indeed, how can they be investigated while the case remains archived? ;)

To Kathybelle (13) ... In this case Clarrie is probably correct - anyone daft enough to still give their money to the McCanns probably don't mind what it's being used for - a fool and their money are easily parted.

oh what a couragous man Mr Amaral is, but then to tell the truth comes easy to him as he has no reason to lie. bravo Mr Amaral i hope you have plenty of supporters in your own country who will be at your side through thick and thin so as the truth will be able to come out.

Hello to all! Especially to Snr.Amaral,I think of you as the "Portuguese Tiger"------old Chinese proverb says that "He who chooses to ride the Tiger,may not choose when to dismount". The McCanns chose to ride a tiger when they took you on! Keep on showing them your teeth Goncalo.

Its good news that the Judge did some re-writing of the terms of the first injunction,that flexibility at least allows you to speak about certain things without the fear of a financial penalty for the McCanns!

All this present talk from the McCann camp about wanting to review the documents is pure hogwash,its a case of the criminals wanting to know exactly what the Police( in Portugal and Britain )have on them. Why do they shrink from any mention of a full re-opening of the case ? The McCanns are a pair of Guttersnipes backed by the Gutterpress here in Britain. You know the funny part of this, is that when the McCanns eventually fall,as they will, it will be this very Gutterpress that devours them.

I am very angry that the authorities are not doing anything about the McCann's fund. Does this mean we can all set up begging sites on false pretences and live of the takings?

Madeleine is being used. There is NO evidence that she has been abducted - if there is - what is it then?

A claim from one of their friends who has been since heavily discreditted is not evidence, the fact of her disappearance is not evidence as to how she has vanished.

In fact the only fact which no one can dispute is that she was no longer where she was supposed to be. The only people identifiably responsible for that are the ones who are now blaming everyone else - the parents. The had a duty of care and they failed in that duty.

They claim she has not come to harm because that is a requirement of negligence (Duty of Care/Failed in Duty of Care/Harm as a result).

It is completely clear that they are doing what they did from day one, using legal arguments to defend themselves. The fact of involving lawyers, the kind of lawyers used - these facts shout loudly their agenda for anyone with the ears to hear it.

She MUST have come to harm, not only based on the evidence of the dogs, but also because any child who is absent from her parents against her will and against their wishes is being continually harmed as a consequence. They CANNOT claim she has come to no harm, the requirements of a charge of neglect exist for any good lawyer to apply and any good judge to judge the McCanns guilty - if only someone with standing would bring a case against them.

Surely someone can do this?

At the very least, it is obvious to any reasonable person that the McCann's action has nothing to do with any 'search'.

Is there no member of the judiciary or the police with the common sense to see whats going on here?

Thank you, Gonçalo Amaral, for continuing this fight, despite the heavy toll on you and your family. If I were a wealthy woman, I would be glad to pay your legal fees in total. However, as I am not, I will continue to send in the small amounts to your defense fund, that my finances will allow.

I hope your countrymen and women are standing shoulder to shoulder with you in great numbers to assist your case.

McCanns seem to be claiming they want the case re-opened - so why dont the Portuguese call their bluff and re-open the investigation?

I dont mean a whittewash - thats what they want (using politics by meeting the guy who screwed up the NHS, Alan Johnson). An unfettered Police investigation - with the suspects made arguidos (so thats Gerry and Kate of course!).

I'd not waste time with wild goose chases follwing crazy '100 %' certain fame hunters. Not the blaming of Hewlett without any evidence - but a real investigation with a review of the cadaver dogs evidence, reintereview of Smith (who alleges he saw Gerry carrying Madeleine) grilling of Tanner (who's evidence is discreditted - she needs to be asked why she made these claims) asking Kate the 48 questions...etc etc.

Very happy that Amaral is allowed to talk about the case.It would have been a scandal if it was forbidden.The British media forgot to tell it, they are obliged to suffer of Alzheimer.But Daily Star today is great. "The McCanns, who insist she was snachted".Very goodThey keep on insisting.

Please, please, Mr. Amaral, say nothing about how you and your lawyer will fight this! Please stay silent, do not reveal your tactics ahead of time, keep it under wraps and take youe enemies by surprise!

I can see how people would be intimidated by Carter Ruck and Team M. Mr Amaral and his team is notand this must give hope to others who might have been. I read in the Boston Globe about the shooting over 20 years ago that is linked to a case today. The person involved is a phd. The reporter writes: It's not what you do. It's who you are. Very true.

"There is no police officer, in Portugal or anywhere in the world, who is limited in the full exercise of that freedom”, he said."

Well, in the U.K. it seems they indeed are! How does one explain the situation of José de Freitas ( Scotland Yard), him not being available to testify for Mr. Amaral?And by the way things are going it seems that soon that will be the case in Portugal too...

The Mccann's did not even officially ask anything to be reviewed and they are already manipulating the new investigation and using some pressure. They don't want the case to be reopened and totally re-evaluated, they want only a certain, a partial, a special re-evaluation- ONLY THE PART WHICH CAN KEEP THEM OUT OF THE CRIME SCENE, SIGHTS OF MADDIE, SIGHTS OF ABDUCTORS, SIGHTS OF PERSONS OF INTERESS, SIGHTS OF SIGHTS. AND WONDER IF THIS SIGHTS GO SO FAR AS 3 OF MAY 2007, OR WERE ONLY THE MOST RECENT. THIS IS THE JOKE WHICH JUDGE GABRIELA GAVE GREEN LIGHT WITH HER DECISION LAST 18. I HOPE SHE GIVE PART OF HER SALARY TO BE USED BY PJ OR ANY OTHER POLICE TO INVESTIGATE SUCH FABRICATE SIGHTS. I agree with people which are writing complaints about the court decision and sent them to the Portuguese PR and the Minister of Justice. I think, we should sent them also to Dr.Palma, the President of the Judges Syndicate. WE WANT THE JUDGES TO SHOW US WHICH EVIDENCES THEY HAVE TO SUPPORT THE ABDUCTION. After more then 2 years of a private investigation payed by Public donations, THE MCCANN;S MUST BE OBLIGED TO MADE PUBLIC WHAT THEIR INVESTIGATION ACHIEVED. WHICH SIGHTS CAME TO THEIR INVESTIGATION. HOW MANY TIMES THEY PASS THIS INFORMATION INTO OFFICIAL POLICES? WHERE AND WHEN THEY WENT TO INVESTIGATE THAT INFORMATION? IT IS TIME FOR THE JUDGES TO TAKE A STEP FORWARD ON THE BEHALF OF THE COUNTRY AND EXPLAIN WHAT EXACTLY IS GOING ON ON MADDIE CASE. THEY SEEM TO BE SO ACTIVE QUESTIONNING THE ISSUES IN FACE OCULTA, THAT THEY SHOULD APPLY THE SAME METHODE TO BRING SOME LIGHT TO OUR MINDS.

Anon ≠8, while I understand how you feel I'm glad you've decided to stay the course! Never give up on trying to help find out what really happened to Madeleine - you'd only be playing into Team McCann's hands, IMO, if you did that. They want no one to look at the various theories that exist in this case, as detailed in the official summing-up, but simply to treat this as a case of abduction - bizarre, really, as there seems no evidence for that particular theory.

I'm glad Gonçalo Amaral is determined to continue his fight to be allowed to inform people about the facts of the case, rather than the spin the ridiculous British press obediently churn out. Thankfully, as the comments sections of the newspapers show, the British public aren't naive enough to believe the spin; they know quite well there's more to this case than meets the eye.

Good to see the Robert Murat action against various Tapas 9 people getting a mention now and again; strange how that's only come to light now, isn't it? It must be getting quite wearisome for them trying to keep everything from the public - that pesky Internet keeps getting in the way of a decent silence on things they don't want mentioned. :))

Hi Anon 46. I'm anon 43, I should have written the Daily Mail printed my comment. I forgot about the Daily Mirror having the same initials. It's under the Title, We can barely Keep our Head Above Water, or something similar. I wrote about reopening the case.

McCanns meet Home secretary in December and series of meetings with Home Office and Foreign Office officials. Mail Online. Vanessa Allen 20th Feb.Unbelievable! Who can possibly deny political interference and friends in high places now?

@ poster 21(sorry just saw your post) Amaral does have a website, it is called PROJECTO JUSTICA GONCALO AMARAL , (im sorry i dont know how to do a link to it!)! Joana did a link to it the other day when posters was asking the same as you did hope this helps you?, it is great to see this support for him a man of honour who is a scapegoat for this disgusting protection of the Mccann's.

You can post and conjecture forever more as to whether Madeleine is dead or alive.We are The International Unmask the McCanns Group with members worldwide.They know that our resources and capabilities reach way beyond anywhere they can imagine. That’s why we told them in early June 2007 to let Madeleine rest in peace.We have known since May 2007 WITH ABSOLUTE CERTAINTY THAT MADELEINE WAS DEAD. In fact, when around 6 pm on May 3 Gerry was prancing about with his pal’s little girl (similar looks to Madeleine) between the Paraiso Restaurant and the beach ostensibly (the Paraiso staff were amazed) trying to make believe that Madeleine was still alive at that time, Madeleine had already been dead for hours. This was all in preparation for the 10 pm ‘They’ve taken her!’We have told them that ‘There is no power in the whole Universe that can prevent the world from knowing what really happened to Madeleine.Our senior members have cracked far bigger nuts. These two are small fry. Have you ever seen a scorpion inside a ring of fire?

If the present Judge managed to give Dr. Amaral some leeway, she is to be commended.

As long as the MacBeths are non-arguidos, legally they are guilty of nothing, and therefore they can not pubicly be held accountable for disposing of their (?) daughter.

Just an unrelated question.

There exists a series of 7 pictures taken by the GNP directly on entering the appartment 5a. These were also published in an english newspaper, I think the Sunday Express in 2008. The master bedroom shows 2 beds pushed together: one made up and the other one tussled. The last one has some womens' slippers half underneath it. Logic dictates that you discard your slippers near or under your own bed. Now why would KM have put her slippers under GM's bed, when she supposedly slept in the childrens room on the night of 2/3 May?

Whose are they, and why were they put underneath GM's bed? Any thoughts on this, anyone?

And is it not true that KM, stating she did not sleep with GM in the master bedroom on May 2/3 because of his supposed snoring, in fact destroyed any alibi for him in that night? Alone in het master bedroom he has no one to confirm his whereabouts. Doing so, she neatly landed him a very severe blow, only they didn't notice it at the time.

It is really unimaginable that the McCann's would not call for a complete reopening of the investigation. How do they know that Madeleine has not come to harm by one of their drinking buddies? We know that their holiday friend David Payne liked to bath the children every night. That should give them cause for concern right there. In most cases, the abductor is known to the victim. If the McCanns were really looking for their child, then they would absolutely want to do the reconstruction of the events of the day when their daughter went missing. They would jump at this possibility because therein could lie the answer to the whereabouts of their child. But no, they do not! Why? What kind of parents would not want to leave any stone unturned in order to find out what happened to their child? Instead the McCanns are repeating the same old lame phrases like "there is still a little child missing” while holding up the same lame posters with the phone numbers of their private investigators who are being sued for fraud themselves. The McCanns can find the finest lawyers in the country for themselves but for the second time now they have hired private investigators who are themselves in trouble with the law for fraud among others. In short, they can only find shady characters to look for their daughter but when it comes to themselves, they have the knowhow to hire the finest and best lawyers in the country who can win them any case where money is to be made. Funny how that goes! However, if the McCanns think that suing everyone and their dog is equal to caring for their daughter while she is missing is absolutely insane. Where do they find the time and energy to go from lawsuit to lawsuit and then gala-wander to high profile dinners and press conferences which do nothing to ease their daughter's plight? We must not forget that Kate and Gary did not physically search for their daughter the day she went missing. Yes, that is true! What parents would not run outside and call for their missing child from the top of their lungs? The holiday apartment was not locked and Madeline could have wandered off. But no, the McCanns knew right from the start that this is not what happened to their daughter. How can parents be so sure of their judgement when the very reason why their three year old daughter went missing is because they completely misjudged the situation in the first place which then lead to catastrophic consequences for their daughter? Where do they find the confidence to know that Madeline did not wander off while being left alone in an unlocked apartment when on the other hand they did not foresee their child’s abduction? But the McCanns know ... but I am puzzled how. There is one consolation for all those people who care about what happened to Madeline and who are willing to uncover every stone: Kate and Gary McCann look more and more weary. They have lost their glow which made them so photogenic in the early days after their daughter had disappeared. The missing glow has nothing to do with the fact that they have not "found" Madeline yet, but it has all to do that there are more and more people worldwide voicing their unease with the McCanns who fear that the truth will run away on them. They are scared and it shows because the time has come!

I think that the strategy of GA should be that of putting the McCanns on trial with no holds barred. Especially after the low blows of that maniac lawyer, calling those who doubt the McCanns as vultures, vampires and bandits and god only knows what else. She also was petty enough to make a snide remark about GA's earring. Vile woman!

If I were him I would scrutinize all the files and show every inconsistency in their statements, show pictures of them during their stay in PDL (especially the one on Maddie's birthday) and analyse their behaviour. I would mention how they had lunch the very next day after Maddie's disappearence at the Tapas bar, how they were lounging around the pool on 5 May while hundreds of volunteers combed the countryside looking for their daughter. I would show the video of Gerry laughing on the balcony a couple of days after the disappearence. I would show how they tried to control the investigation from the beginning and refused to cooperate with the police.